At the Dorie A. Rogers, APC, our Costa Mesa child custody attorney and visitation law firm, we provide legal guidance and representation in matters related to child custody and visitation. Our team of experienced family law attorneys is dedicated to protecting the rights and interests of our clients and their children during the challenging process of divorce and separation.
We understand that child custody and visitation issues can be emotionally charged and complex, requiring a deep understanding of California family law and the legal process. Our Costa Mesa child custody attorney has extensive experience in handling all types of child custody cases, including joint custody, legal custody, and physical custody, as well as child visitation.
Costa Mesa Practice Areas
A Review of Child Custody in California
In California, determining which parent or guardian will have physical and legal custody of a child or children following a divorce or separation is a legal process known as child custody. The child’s interests are the court’s top priority; thus, the court will weigh several variables to decide the most practical custody arrangement for the child.
In California, there are primarily two forms of child custody:
- Legal custody. With relation to a child’s upbringing, including their education, healthcare, and religious upbringing, legal custody refers to a parent’s right and obligation to make significant decisions.
- Physical custody. The location of the child’s home and who is in charge of their day-to-day care are both considered aspects of physical custody.
Various custody agreements may be granted in California, including:
- Sole custody. One parent is granted sole custody, which entitles them to both legal and physical custody of the child.
- Joint custody. When both parents share the child’s physical and/or legal custody, this is referred to as joint custody.
- Bird’s nest custody. When a child has “bird’s nest” custody, both parents live in the same house with the child alternately.
- Split custody. When a child or children have joint physical custody, both parents share responsibility.
California courts also set up visiting schedules for the non-custodial parent in addition to custody agreements. Parenting time, commonly referred to as “visitation,” is the time the non-custodial parent spends with the child.
An Overview of Child Visitation
A non-custodial parent’s time with their child following a divorce or separation is referred to as child visitation or parenting time.
In California, a variety of visiting schedules may be arranged, including:
- Reasonable visitation. A reasonable visitation schedule is one that is flexible enough to let the parents decide the specifics of the visitation on their own.
- Regular visitation. A schedule known as “fixed visitation” outlines the days and hours that the non-custodial parent will see the kid.
- Supervised visitation. When visitation occurs under the watchful eye of an impartial third party, such as a social worker or another responsible adult, it is referred to as supervised visitation.
- No visitation. Rarely, the court may rule that a child’s visitation with a parent is not safe for the child.
In California, the court will set up a visitation plan that is in the interests of the children and will urge both parents to have regular and ongoing contact with their child.
Understanding the Interests of the Child Standards
In California, like in many other states, the “interests of the child” criteria are the main factor to be considered when determining custody arrangements. The idea that children have a right to have their physical, emotional, and mental well-being protected and fostered is the foundation of the interests of the child criterion.
When deciding what is in a child’s interests, the court in California takes into account a wide range of considerations, including:
- The age and health of the child.
- Relationships between the child and each parent, as well as other family members.
- The capacity of both parents to give their children a secure and supportive environment.
- If the child is old enough and mature enough to voice a preference, that is considered.
- The history of drug addiction or domestic violence by either parent.
- A parent’s capacity to work with the other parent to reach a choice regarding their child’s upbringing.
Any other circumstances that are pertinent to the child’s interests will be considered by the court.
It’s critical to understand that there isn’t a one-size-fits-all definition of what is in a child’s interests. It should also be noted that the interests of the child criteria are not a strict formula. As every case is different, the court’s ruling in each one will take those factors into account.
How A Child Custody Lawyer Can Help Me
If you are involved in a child custody battle in California, a child custody attorney can be a great asset. The following are some ways a child custody attorney can assist you:
- Describe the laws that protect you. Your legal rights and the legal procedure involved in a child custody dispute can both be explained to you by a child custody attorney. They may also assist you in comprehending the criteria the court will use to make its choice.
- Promote your needs and goals. You can be represented in court by a child custody attorney who will fight for your rights. They can assist you in getting the most favorable result by supporting your stance in court with evidence and arguments.
- Negotiate a compromise. You may construct a fair and reasonable agreement that safeguards both your rights and the interests of your kid with the assistance of a child custody attorney. In rare circumstances, reaching a settlement outside of court may be achievable.
- Handle challenging legal matters. Complex legal concerns, such as relocation, alteration of custody agreements, or parental alienation, might come up in child custody proceedings. You may manage these problems with the assistance of a child custody attorney who will also fight for your rights and your child’s interests.
- Support you emotionally. Child custody disputes may be difficult and emotionally taxing. A child custody attorney can assist you in dealing with the case’s emotional difficulties and offer emotional support.
Child custody disputes may be difficult and stressful, so it’s crucial to have a skilled family law attorney on your side to defend your interests and make sure your child is properly cared for.
Child Custody Attorney FAQs
Q: How Much Does a Child Custody Lawyer Cost in CA?
A: Some lawyers may charge an hourly rate, which can range from $200 to $500 or more per hour, while others may charge a flat fee for specific services, such as filing a petition or representing a client in court. Additionally, some lawyers may require a retainer fee upfront, which is a non-refundable fee paid at the beginning of the case to secure the lawyer’s services. It’s essential to discuss the cost of hiring a child custody lawyer with them and to make sure you understand their fee structure before hiring them.
Q: Who Pays Attorney Fees in Child Custody Cases in Costa Mesa, CA?
A: In child custody disputes in Costa Mesa, California, it is customary for each side to bear its own legal expenses. This implies that unless there is a court decision or agreement that specifies otherwise, each parent is responsible for paying their own legal bills. There are a few exceptions to this rule, however. For instance, if one parent cannot afford legal representation, they may ask the court to force the other parent to cover some or all of their legal costs. This arrangement is sometimes referred to as a “fee-shifting” approach.
Q: Can You Get a Court-Appointed Lawyer for Child Custody in CA?
A: In California, court-appointed lawyers are generally only available in certain types of cases, such as juvenile dependency cases, where a child has been removed from their home due to abuse or neglect. In child custody cases, the court generally does not appoint a lawyer for either parent. However, if a child is involved in the case, the court may appoint a lawyer to represent the child’s interests. This lawyer is called a “minor’s counsel” and is appointed by the court to represent the child’s interests during the custody proceedings.
Q: Can a Father Get 50/50 Custody in CA?
A: Certainly, dads (or any parent) in California are eligible for shared physical custody, sometimes known as 50/50 custody. With joint physical custody, both parents share the duty of making choices for the welfare of the kid and receive equal parenting time with their child or children. The significance of both parents being active in their children’s lives is recognized by California law. Where it is in the children’s interests, California courts often support joint custody agreements.
Work With A Family Law Lawyer That You Can Trust
At the Dorie A. Rogers, APC, we take a compassionate and personalized approach to each case, working closely with our clients to understand their unique circumstances and goals. We strive to achieve the most favorable outcome for our clients and their families while prioritizing the well-being and interests of the children involved.
Our child custody lawyer can provide the experienced legal guidance and representation you need if facing a child custody or visitation issue in Costa Mesa or the surrounding areas. Contact us today to schedule a consultation and learn how we can help you protect your rights and your child’s future.
“Dorie is a very powerful attorney and a great asset to have on your side in any family legal matter. She is extremely bright and insightful, and I got everything I asked for in my lawsuit.”
“I would strongly recommend Ms. Dorie Rogers for any legal needs. During my Divorce proceedings, Dorie’s professionalism, expertise in Divorce Law and legal skill helped bring my case to a close in both a timely and mutually agreeable manner.Additionally, Dorie took the time to understand me and my background to better represent me in my case. She showed a level of caring and concern that helped me through a very difficult time. She is an outstanding lawyer and wonderful person.”
“Second to none – I wouldn’t hesitate to recommend Dorie to anyone. She was my attorney for my divorce and custody case. She will do everything it takes to get the job done and all with a smile on her face. Her knowledge and expertise will assist anyone in a family law situation get the results they want.”
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